[Congressional Record Volume 141, Number 69 (Thursday, April 27, 1995)]
[Senate]
[Pages S5747-S5748]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


           THE GUN-FREE SCHOOLS ACT OF 1994 REMAINS IN PLACE

  Mrs. FEINSTEIN. Mr. President, yesterday, the Supreme Court 
overturned the Gun Free Schools Zones Act, a 1990 law sponsored by 
Senator Kohl and others that made it a felony to bring a gun within 
1,000 feet of a school. The case revolves around a San Antonio youth 
who was tried for bringing a .38 caliber to school, and the decision 
has ignited widespread debate because it reverses decades of Supreme 
Court precedent.
  However, as a result of this controversy, it is extremely important 
to clarify the status of a separate, recently passed law, which has a 
similar name--the Gun-Free Schools Act of 1994--but remains firmly in 
place.
  Parents, teachers, and school officials must know that gun possession 
on campus cannot be tolerated, that the Gun-Free Schools Act of 1994 
remains in place, and that in order to receive Federal education funds 
every school district in the Nation must soon have in place and 
functioning a policy that assures that any youngster who brings a gun 
to school will be expelled for not less than 1 year.
  The following points must be clearly understood:
  First, the Gun-Free Schools Act of 1994 was not struck down by the 
Supreme Court yesterday.
  Instead, the Court struck down a 1990 criminal law with a similar-
sounding name--but a different legal status.
  Second, the Gun-Free Schools Act of 1994 will not be swept away by 
the Court's decision.
  By simply requiring schools to have a zero tolerance policy as a 
condition of receiving Federal education funds, the Gun-Free Schools 
Act does not rely on the commerce clause for its authority.
  Third, the Gun-Free Schools Act remains in place, and zero tolerance 
policies are already showing positive results.
  [[Page S5748]] Many school districts such as New York, Los Angeles, 
and San Diego that have already implemented zero tolerance policies are 
seeing fewer guns brought to school, and as a result fewer student 
expulsions.
  In San Diego, gun possession on campus was cut in half during 1993, 
the first year of that district's policy, and there have been only 5 
gun possession cases during this year.
  Under the Gun-Free Schools Act, States have until October 1995 to 
enact or revise their own zero tolerance policies for school districts, 
requiring that students caught with guns on campus be expelled for not 
less than a year.
  Fourth, the Court's decision to revoke Federal law does not affect 
State laws outlawing gun possession on campus.
  Forty States, including California, have their own criminal statutes 
making gun possession on or near a school a State crime.
  California's statute, signed into law by Pete Wilson, makes 
possession of a gun within 1,000 feet of a school a felony crime.
  The Gun-Free Schools Act of 1994, which I have strongly supported, 
was passed last year in response to the increasing gun violence on 
school grounds, and the failure of many schools to respond clearly and 
forcefully to the presence of guns on campus.
  In 1993, a Los Angeles high school student was shot waiting in line 
for lunch, and two other California high school students were killed 
within a 1-month period.
  Over 100,000 guns are brought to school each day, according to 
several recent surveys and national projections.
  There have been 105 violent school-related deaths in just the last 2 
years, according to the Centers for Disease Control--caused by guns, 
knives, and other weapons.
  In a nationwide survey, the CDC also found that 1 in 12 students 
brought
 a gun to school in 1993--up from 1 in 24 just three years before.

  However, in too many school districts students who bring guns to 
school are simply given a short suspension, counseling, or transferred 
to another school.
  By requiring that offenders be expelled from the regular school 
program, the Gun-Free Schools Act mirrors policies in a growing number 
of State education codes and urban school district policies.
  School violence--especially deadly violence--must be the Nation's top 
educational priority.
  Sixty-five students and six school employees were shot and killed at 
U.S. schools during 1985-90, according to the Center To Prevent Hand 
Violence.
  Without being safe in school, neither teachers nor students can be 
expected to focus on learning.
  In conclusion, there must be no uncertainty about the status of the 
Gun-Free Schools Act of 1994. Gun possession on campus cannot be 
tolerated, the Gun-Free Schools Act of 1994 remains in place, and in 
order to receive Federal education funds every school district in the 
Nation must soon have in place and functioning a policy that assures 
that any youngster who brings a gun to school will be expelled for not 
less than 1 year.

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